1788-01-16 (static/transcriptions/1788/01/125.jpg)

In Hardres 378 – Rogers v Hawkesworth & al – “where the bill is in the nature of a plea at Com: Law – and by way of exoneration, the Deft shall pay no costs no more than if they had bn Plfs at Law.”
See also 3 P. Wms 205
An Executor being a Deft in Equity shall pay no costs. So laid down in Hardres 165.
An Execr Plf is never to be [ILL] in costs unless he has unnecessarily declared as Execr.

Mr. Atkinson on the sme side in support of the Rx for rehearing.
I consider this argument as in
effect